anupam sharma
(Querist) 13 March 2014
This query is : Resolved
A person has convicted U/s 363, 376 IPC for 7 years imprisonment vide order dated 10.07.2013, An appeal was preferred in High Court which has been admitted on 11.09.2013. does a bail application u/S 439 CrPc lies in High Court or simply an application for suspension of sentence U/s 482 CrPc pending the appeal would suffice? Convict was arrested on 25.12.12, arrested after FIR was registered.
M.Sheik Mohammed Ali
(Expert) 14 March 2014
less than 3yrs of punishment, you can file suspension of sentence petition can file, more than 3yrs of punishment you can file bailable petition.
S.QAISAR ALI ADV.
(Expert) 14 March 2014
AGREE WITH MR. S. SHEIK MOHAMMAD ALI
T. Kalaiselvan, Advocate
(Expert) 14 March 2014
The petitioner/accused should enlarge himself on bail.
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